J. M. Robinson, Norton & Co. v. Tuscaloosa Mills
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Alabama. Action 1)}' J. M. Robinson, Norton & Co. against the Tuscaloosa Tí’ills. Judgment for defendant, and plaintiff brings error. This is an action for' broach of a contract of sale, brought by the buyer, J. M. Robinson, Norton & Co., a New York corporation, against the seller, the Tuscaloosa Mills, an Alabama corporation.
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In Error to the Circuit Court of the United States for the Northern District of Alabama. Action 1)}' J. M. Robinson, Norton & Co. against the Tuscaloosa Tí’ills. Judgment for defendant, and plaintiff brings error. This is an action for' broach of a contract of sale, brought by the buyer, J. M. Robinson, Norton & Co., a New York corporation, against the seller, the Tuscaloosa Mills, an Alabama corporation. There was verdict and judgment for defendant, and plaintiff brings error. The first count of the complaint contains an allegation of the contract and the breach: “Plaintiff claims of…
1Opinion of the Court
, SPIEEBY, Circuit Judge
(after stating the facts as above). Many general rules have been announced on the subject of the burden of proof, intending to show on whom it lies. It is often announced that the burden is on the plaintiff, and, again, that it is on the party having the affirmative allegation. But an examination of the precedents will show1 that the burden is often on the defendant; and sometimes on one who has a negative assertion to prove. It may be truly said that the burden is on one to whose case the fact to be proved is essential, but that serves no purpose as a general rule,…
2Cases cited6 opinions
- Lilienthal's Tobacco v. United StatesSupreme Court of the United States · 1878
- United States v. Denver & Rio Grande RailroadSupreme Court of the United States · 1903
- Cook v. . GuirkinSupreme Court of North Carolina · 1896
- Stewart v. AshleyMichigan Supreme Court · 1876
- Chicopee Bank v. Philadelphia BankSupreme Court of the United States · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. GoldbergDistrict Court, E.D. Pennsylvania · 1955